Revolutionary War Pension and Bounty Land Warrant Application File R. 4,185, Brinkley Gandy, N.C.

SERVICE
NUMBER
N.C.
Gandy Brinkley
P 4185
Born in N.C.
CONTENTS
Twelve horizontal dotted lines for notes.
Twelve horizontal dotted lines for notes.

Acts of July 14, 1862, and March 3, 1873.
4483
P. O.
Brinkley Grady
Service: _____
Enlisted: _____ REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

1755-6 Brinkley Sandy Heath Whitcomb

the State of Alabama } Aug. Term 1832 Butler County } County Court
On this 18 th day of August 1832 personally appeared in open Court before James Lane Judge of said Court now sitting James Brinkley James a resident of said County aged between 90 & 100 years who, being first duly sworn according to law, oath on his oath make the following declaration in order to obtain the benefit of the act of Congress passed 7 June 1832
That he entered the service of the United States under the following named officers and served as therein stated He has no record of his age he believes from the infor- mation of his parents that he is between ninety & one hundred years of age. He was born in Edgecombe now formed into Nash County North Carolina where he lived when he entered the service, He was drafted in the 4 th division at the commencement of the war three months term. The second first term he hired a substitute for the who served it out and during this term the Battle at Guilford County House was fought this is what he recollects The Col - Edw D Farnag was Capt. Major Hardy Griffin was Major Col Thomas Hunter - The 2 nd term of three months he served himself under Capt. Havel Lucian - Major Ed d Conery - Same Col - This term was passed in scouts against the enemy about the country - The station was at an E. Nicholson Engn. He was discharged by his Major 3 rd term he had a substitute who served out three months more making nine months in the whole at which time the war ceased. He received

in every case a discharge from his officers to be the best of his recollection all which have been destroyed. He can prove his services in a great measure by Mr. Noah Whiddon who lived near him at the time.
He hereby relinquishes every claim whatever to a pension or annuity except the pension and declares that his name is not on the pension roll of the agency of any state - He removed into Darlington so  so  seventeen  seventeen upwards of forty years sworn to & subscribed the day & year of our Lord
his Brinkley Gandy Mark
In open Court personally came Noah Whiddon who being duly sworn on his oath says that he knew the said Brinkley Gandy before and during the revolutionary war that he was a faithful soldier and a true whig. He knew of his being in the service as he has stated, He knew his officers Griffen, Shuller, Hunter, and Gandy and lived near and in the same County the while. He believes him to be as old as he says he is Sworn to and subscribed in open Court
his Noah Whiddon Mark

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named officer was a Revolution- ary Soldier and served as he states and the said Court further certifies, that it appears to them that Noah Whiddon who signs the above certificate is a resident of said county and is a creditable person, & that his statement is entitled to credit.
I Robert Reid Clerk of our said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of the said Brinkley for a pension In testimony whereof I have hereunto set my hand and private seal (for want of seal of office) the 19 th August 1832.
Robert Reid Clerk

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Brinkley Gandy further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? no

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? living witnesses
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

4017556
Brinkly Grandy Butler Co Alabama
Rejected Special letter Served but 3 months
4185
Walter Cook Greenville Butler Co Alabama

BRIEF in the case of  Brinkley Grandy  County of Butler  in the State of Alabama  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? between 90 & 100 years  4. State his service, as directed in the form annexed. 
drafted     Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 17 8 As a private Gen. Brinkley Grandy   3 Substitute Col. Brinkley Grandy   vol 9 ditto Major Brinkley   enlisted Capt. Grandy   himself Col. Hunter  
 5. In what battles was he engaged? Guildford C. House  6. Where did he reside when he entered the service? Wick Co. N. Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? defective 
X certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John W. Hester Examining Clerk.